Question

The Chairman and the members of the UPSC shall only be removed from office, on the ground of misbehaviour, by an order of

• A. the Prime Minister on the recommendation of Council of Ministers
• B. the President on the basis of resolution passed by the Parliament
• C. the President on the report of Supreme Court
• D. the Prime Minister on the recommendation of Supreme Court

Answer 1

Answer:

C. the President on the report of Supreme Court

Removal Procedure of UPSC Members

• The President can remove the Chairman or any other member of the Union Public Service Commission (UPSC) from office on the ground of misbehaviour.

• However, this removal can only happen after the Supreme Court, on a reference made by the President, has upheld the charges after an inquiry and recommended the removal.

• The advice tendered by the Supreme Court in this regard is binding on the President.

Constitutional Framework

• Article 317 of the Constitution of India deals with the removal and suspension of a member of a Public Service Commission.

• During the course of the inquiry by the Supreme Court, the President can suspend the Chairman or member of the UPSC.

Other Grounds for Removal

• The President can also remove the Chairman or any member of the UPSC without referring the matter to the Supreme Court if they:

  • Are adjudged an insolvent.

  • Engage in any paid employment outside the duties of their office during their term.

  • Are, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

• The UPSC consists of a Chairman and other members appointed by the President of India.

• They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• The provisions related to the composition, appointment, and removal of UPSC members are enshrined in Part XIV of the Constitution (Articles 315 to 323)